What happens if a legal representative hasn’t been appointed for a deceased inventor?
If a legal representative hasn’t been appointed for a deceased inventor in an application filed before September 16, 2012, the situation can be complex. According to MPEP 409.01(b):
If no legal representative has been appointed, the examiner will reject the application under 35 U.S.C. 102(f) on the basis that the applicant is not the inventor and/or on the basis that there is no right to apply in any person other than the inventor.
This means that without a legal representative, the application may face rejection. It’s crucial to appoint a legal representative as soon as possible to avoid this outcome.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure